HomeMy WebLinkAboutPD Recommendation Report (PL-REZ-2022-000039) RKaupulehuREZ jma.3.7.23
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
KA`UPULEHU LAND LLC
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000039)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone requests be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Planning Director reserves the right to modify and/or
alter this position based upon additional information presented at the public hearing. This
favorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone from an Agricultural-5 acre (A-5a)
zoning district to a Neighborhood Commercial-10,000 square feet(CN-10) zoning
district for 2.325 acres of land and from an Agricultural-5 acre (A-5a) zoning district to a
Residential Agri cultural-0.5 acre (RA-0.5a) zoning district for 3.024 acres of land. The
applicant has submitted a concurrent request for a State Land Use Boundary Amendment
from Agricultural to Rural for an approximately 2.653-acre portion of the property
located generally where the proposed RA-0.5a is situated.
The land area proposed for CN-10 zoning would allow a maximum density of 10
lots with a minimum lot size of 10,000 square feet, while the area proposed for RA-0.5a
zoning would allow a maximum density of 6 lots with a minimum lot size of 0.5 acres. If
the requested land use entitlement changes are approved, the applicants propose to
subdivide the property into a total of 8 lots, consisting of 3 retail/commercial lots fronting
Mamalahoa Highway and 5 residential agricultural lots south of the commercial
development in the RA-zoned area.
The commercial lots are anticipated to be between 1/2-to 1-acre in size, to be
developed with three 1-and 2-story mixed retail and commercial/office buildings, having
a gross leasable floor area of approximately 18,600 square feet. Parking and service areas
are proposed to the rear of the commercial buildings, accessed by two new driveways
from Mamalahoa Highway.
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The residential agricultural lots, accessed by the existing Ishihara Farm Road, will
range in size from approximately 0.522 acres to 1.047 acres, with the two existing
dwellings occupying two of the five proposed lots.
According to the applicant, a subdivision application would be filed
approximately six months after all land use entitlements approvals have been secured
with construction commencing within six months after issuance of all permit approvals.
The applicant anticipates full build-out by 2027 with the cost of improvements estimated
at $500,000 for site work,paving, utilities, and driveway-related improvements.
In order to consider an area for any type of zoning designation, the applicable
goals,policies, and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The change of zone request from an Agricultural-5 acre (A-5a) zoning
district to a Neighborhood Commercial-10,000 square feet(CN-10) and Residential
Agricultural-0.5 acre (RA-0.5a)zoning district conforms to applicable goals, policies
and standards of the General Plan and the South Kohala Community Development
Plan. The subject, 5.349-acre property is trapezoidal in shape, fairly level with 0 to 3
percent slopes, and is currently improved with two (2) farm dwellings built in 1927 and
1928. The remainder of the property was utilized for commercial truck crop farming for
several decades and currently is covered with various grasses and intermittently used for
cattle grazing. The Lanimaumau Stream runs through the southern portion of the subject
parcel.
Adjacent parcels to the east, west, and south of the subject property are similarly
zoned Agricultural 5-Acres (A-5a) and are developed with dwellings. Across Mamalahoa
Highway to the north, parcels are zoned Single-Family Residential (RS-10),
Neighborhood Commercial (CN-10), and Village Commercial (CV-7.5 and CV-20). The
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surrounding area includes a mix of agricultural, commercial, and residential uses; within
500 feet of the subject property are two restaurants and a gas station.
According to the Zoning Code, the Neighborhood Commercial (CN) zoning
district applies to strategically located centers suitable for commercial activities which
shall be of such size and shape as will accommodate a compact shopping center which
supplies goods and services to a residential or working population on a frequent need or
convenience basis. This district is distinguished from a central commercial district which
provides general business and broad services to a city or region.
The Residential and Agricultural (RA) zoning district provides for activities or
uses characterized by low density residential lots in rural areas where "city-like"
concentrations of people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with low density residential lots. The RA district is
intended to be only within areas designated as being in the State land use rural or urban
districts.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County.
The proposed CN-10 and RA-0.5a zoning conforms to the LUPAG Map which
designates the subject property as divided in two, with the northern half of the parcel
designated as Medium Density Urban (MDU) and the southern half designated as Low
Density Urban (LDU). Medium Density Urban allows for village and neighborhood
commercial and single family and multiple family residential and related functions.
Residential density may be up to 35 units per acre in multiple family residential
developments. The proposed CN zoning will be situated within MDU designation.
Low Density Urban allows for residential uses, with ancillary community and
public uses. It also allows for neighborhood and convenience-type commercial uses. The
overall residential density may be up to 6 units per acre. The proposed RA zoning will be
largely situated within the LDU designation.
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Based on the preceding, the proposed CN-10 and RA-0.5a zoning would
effectuate an increase in density that would be consistent with the MDU and LDU
LUPAG designations.
In addition, the proposed CN-10 and RA-0.5a zoning is consistent with the
following Land Use goals,policies, and standards of the General Plan:
■ Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
■ Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
■ Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability ofpublic services and utilities, access, and public need.
The northern half of the property, where the CN zoning is proposed, is located in
an area designated for urban uses by the South Kohala Community Development Plan
(SKCDP), thus the proposed commercial zoning is appropriate in this area.
The southern half of the property, where the RA zoning is proposed is located on
the"Waimea Conceptual Plan" in an area designated for the "Small Farms and Ranches
Preservation Program." The SKCDP envisions the development of an action program to
acquire critical open space areas in east Waimea within this area. According to the
SKCDP, the small farm and ranch lots in East Waimea are visually important to maintain
the rural and paniolo character of Waimea. Strategy 2.1 of the SKCDP states "The
County should carefully evaluate and condition, as appropriate, any rezoning that would
negatively impact important agricultural lands or culturally, visually and
environmentally important open spaces or resources in Waimea. "The SKCDP indicates
that time will be needed to implement a number of important open space preservation
tools and programs, and that while these tools and programs are being put into place,
private lands that are currently zoned A-5a, A-10a, A-20a, or A-40a should retain their
current zoning. Exceptions can be made for affordable housing, agricultural cluster
subdivisions, and small-scale rezonings of 4 lots or less that may assist families in
allowing their children to obtain individual properties.
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The applicant's proposed development does not strictly adhere to the exceptions
for changing the current zoning in that it is not an agricultural cluster subdivision, and
although the applicant will be required to meet the County Housing Code for providing
affordable housing, the subdivision will include primarily market-rate lots. Additionally,
the proposed 5-lot subdivision slightly exceeds the 4 lots or less minimum mentioned in
the SKCDP. In 2021, when the applicant applied to change the state land use boundary
district to urban and zoning to RS-10 for the southern portion of the property, the
Leeward Planning Commission did not support the request because they believed the
southern portion of the property should not be urbanized since it is situated in the area
designated for small farms and ranches in the SKCDP. The current applications align
more closely with the SKCDP related to preserving important open space and small
farms and ranches in this area of Waimea.
All essential utilities and services are available to the site. Access to the
property is proposed via Mamalahoa Highway and Ishihara Farm Road. Mamalahoa
Highway is a two-lane,paved roadway, striped with a two-way left turn lane in the
median of the road, with an approximate 40-foot-wide pavement within a 50-foot right-
of-way in this area. According to the Department of Public Works , Engineering Division
(DPW), the section of Mamalahoa Highway fronting the subject property was transferred
from County to State ownership in December, 2021 and is now State-owned and
maintained.
The existing dwellings on the subject site are currently accessed by Ishihara Farm
Road, a private road over an approximately fifty-foot-wide combined easement within
Lots 11-A-2 and 11-A-3 in favor of the subject property (Lot 11-A-1). The new
residential lots will similarly be accessed by Ishihara Farm Road and by interior access
easements. The applicant is proposing two new access points from Mamalahoa Highway
to service the three proposed commercial lots with no vehicular access via Ishihara Farm
Road for the proposed commercial use.
A Traffic Impact Analysis Report(TIAR)was completed in September 2022 by
The Traffic Management Consultant(TMC). The TIAR was designed to study current
conditions of peak hour traffic data, evaluate traffic count data to establish existing traffic
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conditions, develop trip generation characteristics, analyze traffic impact on Mamalahoa
Highway from two proposed access driveways, Ishihara Farm Road and at adjacent
intersections in the project area (Waikelehua Place, Keaka Kea Place and Earl's Pa`auilo
Store Driveway) and to recommend ways to mitigate impacts identified in the study.
Based on the findings, the TIAR recommends the following traffic mitigation
measures: 1) The median taper on the left-turn lane on eastbound Mamalahoa Highway at
Keaka Kea Place should be restriped to extend the two-way, left-turn lane from Earl's
Pa`auilo Store Driveway to the beginning of the left-turn lane at Keaka Kea Place; 2)
Minimum 100-foot spacings should be provided between the intersections on Mamalahoa
Highway at Waikelehua Place, the west and center driveways, and Earl's Pa`auilo Store
Driveway/Ishihara Farm Road; 3) The site frontage road should be set back a minimum
of 25 feet from the future right-of-way of Mamalahoa Highway; and 4) The west and/or
the center driveway should be designed to accommodate the truck turning movements
to/from Mamalahoa Highway.
According to correspondence from the applicant and the State Department of
Transportation (HDOT), there are several issues that need to be addressed in an updated
TIAR including, but not limited to, providing acceptable rationale for two commercial
driveways from Mamalahoa Highway instead of a single consolidated access from the
existing Ishihara Farm Road, current easement restrictions on the property, and justifying
the proposal of a two-way, left-turn lane on Mamalahoa Highway.
As access from the highway is under the jurisdiction of the State, a condition of
approval will be added requiring the applicant to furnish an updated TIAR to HDOT for
approval,prior to issuance of final plan approval for any use in the CN-zoned area, since
the proposed commercial development will have the most impact on traffic conditions.
Mamalahoa Highway is designated by the General Plan as a secondary arterial
road and thus shall be improved to the required standard with an 80-foot right-of-way,
which will require the applicant to continue to provide a 10-foot-wide future road
widening setback along the property's entire Mamalahoa Highway frontage. As a result
of Subdivision No. 7820, approved by the Planning Department in 2004, the subject
property currently has a 10-foot-wide "No Vehicular Access & Planting Screen"
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easement and a 10-foot-wide future road widening setback easement along its entire
Mamalahoa Highway frontage. Since the highway fronting the property was transferred
to the State in 2021, the Department of Transportation has the authority to determine
whether and where access to the property will be permitted, if at all.
According to the Department of Water Supply (DWS), water for the proposed
project can be made available from an existing 12-inch waterline within Mamalahoa
Highway. The existing farm dwellings are serviced by a one-inch water meter and
individual residential lot owners of the other proposed lots will be responsible for
installation of their own water meters and related infrastructure. The applicant will be
required to comply with DWS rules and regulations regarding water supply, including,
but not limited to, constructing necessary water system improvements, maintaining valid
water commitments for the proposed subdivision as well as remitting facilities charge
payments and submitting documents conveying improvements and necessary easements
to the Water Board of the County of Hawaii.
As there is no municipal sewer system in the area, wastewater will be served by
Individual Wastewater Systems (IWS) meeting the approval of the State Department of
Health (DOH). Conditions of approval will be included to address the preceding.
All other essential utilities are available to the property. Police and fire services
are available within three (3) miles of the site in Waimea.
There are no severe geological or topographical problems for the property
that cannot be properly rectified, or which would render the land unusable.
According to the Federal Emergency Management Agency the subject property contains
several flood zone designations including Zone "X", "XS", "AO", .AE", and"AEF".
The topography of the project site is fairly level with slight slopes from 0 to 3 percent. In
accordance with comments from Department of Public Works, Engineering Division, the
applicant will be required to comply with the County Flood Code when developing the
property and to dispose of development generated runoff on site and not directed toward
any adjacent properties, including Mamalahoa Highway. All earthwork activity,
including grading, grubbing and stockpiling, will conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawaii County Code. Conditions of approval will be
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included to address the preceding.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The subject property is located over 8
miles from the nearest shoreline, is not situated within the Special Management Area and
will not be impacted by coastal hazard and beach erosion. There are no identified
recreational resources or public access to the shoreline or mountain areas, scenic and
open space preserves, coastal ecosystems, marine resources, or historic resources in the
area. Thus, the proposed request and use of the property will not adversely impact those
resources.
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights.In view of the Hawaii State Supreme Court's "PASH"
and "Ka Pa`akai O Ka Aina" decisions, the issue relative to native Hawaiian gathering
and fishing rights must be addressed in terms of the cultural, historical, and natural
resources and the associated traditional and customary practices of the site.
• Investigation of valued resources: There were no professional surveys conducted
of the floral or faunal resources of the subject property, however, according to the
applicants, dominant plants on the property are Kikuya grass and eucalyptus trees,
with rows of eucalyptus trees along the eastern boundary of the site and along the
site's boundary with the highway. The applicant reports that the site is mainly
vacant of fauna except for introduced species including the mongoose and feral
cats. According to the State Department of Land and Natural Resources, Division
of Forestry and Wildlife (DOFAW)there are several state-listed species that
could occur at or in the vicinity of the subject property including the Hawaiian
Hawk, Blackburn's Sphinx Moth, Hawaiian Goose (Nene), Hawaiian Hoary Bat,
Hawaiian Stilt, Hawaiian Coot, Hawaiian Duck and other seabirds. DOFAW
provided recommendations to mitigate impacts on these species. A condition of
approval will be included to address the recommendations provided by DOFAW.
• The valued cultural, historical, and natural resources found in the rezoning area:
The subject property is currently improved with two (2) dwellings built in 1927
and 1928. The remainder of the property was utilized for commercial truck crop
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farming for several decades and currently is covered with various grasses and
intermittently used for cattle grazing. The Lanimaumau Stream runs through the
southern portion of the subject parcel. The Department of Land and Natural
Resources-State Historic Preservation Division (SHPD) notes no historic
properties have been documented nearby and the potential to impact significant
historic properties is unlikely due to prior extensive land alteration associated
with modern farming. SHPD also indicated that the subject property is outside the
area known to contain segments of the Waimea Field System which comprises
significant agricultural features. As such, SHPD stated no objections to the
proposed State Land Use Boundary Amendment and Change of Zone.
Additionally, the Planning Department has no records of historic resources on the
property, and the property is not listed on the State or National Registers of
Historic Places.
• Possible adverse effect or impairment of valued resources: There is no evidence
of any possible adverse effects or impairments that will occur to valued resources.
• Feasible actions to protect native Hawaiian rights: No known gathering is taking
place on the subject property. Thus, to the extent which traditional and customary
native Hawaiian rights are exercised, the proposed action will not affect
traditional Hawaiian rights; therefore, no action is necessary to protect these
rights. However, a condition of approval will be added for the protection of
inadvertent finds should any remains of historic sites, such as rock walls, terraces,
platforms, marine shell concentrations or human burials be encountered.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use,prior to its commencement or establishment upon
the subject properties. Additional governmental requirements may include the issuance of
building permits, compliance with the Fire Code and Building Code among many
others. Compliance with all applicable governmental requirements is a condition of this
approval; failure to comply with such requirements will be considered a violation that
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may result in enforcement action by the Planning Department and/or the affected
agencies.
Based on the preceding findings,the request to rezone the property from an
Agricultural-5 acre (A-5a)zoning district to a Neighborhood Commercial-10,000 square
feet (CN-10)zoning district for 2.325 acres of land and from an Agricultural-5 acre (A-5a)
zoning district to a Residential Agricultural-0.5 acre (RA-0.5)zoning district for 3.024
acres of land would result in an appropriate land use pattern that would further benefit the
general public.
The accompanying draft bill to amend Section 25-8-11 (Lalamilo-Pu`ukapu Zone Map),
Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
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�Mti(OF h{
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COUNTY OF HAWAI`I STATE OF HAWAI`I
BILL NO.
ORDINANCE NO. (Planning Department)
AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL—5 ACRES (A-5a) TO RESIDENTIAL AGRICULTURAL—0.5
ACRES (RA-0.5a) AND NEIGHBORHOOD COMMERCIAL— 10,000 SQUARE FEET (CN-
10) AT WAIMEA, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 6-4-
024:027.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 25-8-11, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Waimea, South Kohala,
Hawaii, shall be Residential Agricultural—0.5 Acres (RA-0.5a):
Beginning at the Southwest corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station"WEST BASE"
being 944.18 feet South and 2,698.08 feet East, and thence running by azimuths
measured clockwise from True South:
I. 1490 07' 471.30 feet along Lot B and Parcel 28;
2. 2500 2 F 99.29 feet along the remainder of Lot 1I-
A-1;
3. 2390 07' 67.84 feet along same;
4. 1490 07' 62.00 feet along same;
5. 2390 07' 170.00 feet along same;
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6. 3290 07' 327.50 feet along Lot 11-A-2;
7. 300 02' 383.59 feet along same, to the point of
beginning and containing an area of
3.024 Acres.
The district classification of the following area situated at Waimea, South Kohala,
Hawaii, shall be Neighborhood Commercial— 10,000 square feet(CN-10):
Beginning at the Northwest corner of this parcel of land, being also the Northeast
corner of Parcel 28, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "WEST BASE"being 238.81 feet South and 2,276.20 feet
East, and thence running by azimuths measured clockwise from True South:
1. 2500 21' 321.25 feet along Southeasterly side of
Mamalahoa Highway;
2. Thence along Lot 11-A-2, on a curve to the right with a radius of 25.00 feet, the
chord azimuth and distance being:
289' 44' 31.73 feet;
3. 3290 07' 220.84 feet along same;
4. 590 07' 170.00 feet along the remainder of Lot 11-
A-1;
5. 3290 07' 62.00 feet along same;
6. 590 07' 67.84 feet along same;
7. 700 21' 99.29 feet along same;
8. 1490 07' 350.60 feet along Parcel 28, to the point of
beginning and containing an area of
2.325 Acres.
All as shown on the map attached hereto, marked Exhibit"A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016
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Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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CKaupulehuREZ.06.05.23
KA`UPULEHU LAND LLC
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000039)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns (Applicant) shall comply with all of the
stated conditions of approval.
B. The Applicant is responsible for maintaining valid water commitments to support
the proposed development until such time that required water facilities charges
are paid in full.
C. Prior to issuance of Final Subdivision Approval, the Applicant shall construct, or
cause to be constructed, necessary water improvements meeting with the approval
of the Department of Water Supply.
D. Final Subdivision Approval shall be secured within ten (10)years from the
effective date of this ordinance. Plans submitted for subdivision approval shall
include the existing 10-foot-wide future road widening strip along the subject
property's Mamalahoa Highway frontage.
E. Prior to issuance of Final Plan Approval for any use in the CN-zoned area, the
Applicant shall submit an updated traffic impact analysis report(TIAR), to be
reviewed and approved by the State Department of Transportation. The updated
TIAR shall include, but not be limited to, an evaluation of whether highway
improvements should be required as a result of anticipated traffic generated by the
development. If there are traffic impacts attributable to the development, the
Applicant shall be required to provide appropriate traffic mitigation
improvements at no cost to the State.
F. Access to Mamalahoa Highway shall meet with the requirements of the State
Department of Transportation.
G. Should the State Department of Transportation approve access to the CN-zoned
lands from Mamalahoa Highway, the Applicant shall submit plans for subdivision
approval showing removal of the existing 10-foot-wide "No Vehicular Access &
Planting Screen" easement along the subject property's Mamalahoa Highway
frontage.
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H. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works (DPW)
prior to the issuance of Final Subdivision Approval. Any recommended drainage
improvements, if required, shall be constructed meeting with the approval of
DPW prior to occupancy of any proposed structures on the property.
L All development shall comply with Chapter 27, Flood Control, of the Hawaii
County Code.
J. All earthwork activities including grading, grubbing, and stockpiling shall
conform to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County
Code.
K. The Applicant shall comply with the Department of Health, Hawaii
Administrative Rules (HAR) Chapter 11-55, regarding Water Pollution Control,
which requires an NPDES permit for certain construction activities.
L. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
M. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g., rock walls, terraces,platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work, the Applicant shall
cease work in the immediate vicinity of the find,protect the find from additional
disturbance and contact the State Historic Preservation Division at(808) 933-
7651. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
N. Should any state or federally listed or endangered species be found on the subject
property, the Applicant shall comply with all applicable requirements of the
Department of Land and Natural Resources, Division of Forestry and Wildlife
and/or the United States Fish and Wildlife Service.
O. The Applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to parks and recreation, fire,
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police, solid waste disposal facilities and roads. The fair share contribution shall
become due and payable prior to receipt of Final Subdivision Approval and/or
Final Plan Approval, whichever is applicable, and shall be based on the actual
number of additional residential units or lots created(excepting the two existing
residential units and lots created therefor). The fair share contribution in the form
of cash, land, facilities or any combination thereof shall be determined by the
County Council. The fair share contribution may be adjusted annually beginning
three (3)years after the effective date of this ordinance, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). The fair share contribution
shall have a combined value of$10,678.45 per multiple family residential unit or
lot($16,641.15 per single-family residential unit or lot). The total amount shall be
determined with the actual number of residential lots according to the calculation
and payment provisions set forth in this condition. The fair share contribution per
multiple family residential unit or lot(single family residential unit or lot) shall be
allocated as follows:
1. $5,267.38 per multiple family residential unit or lot($8,024.66 per single-
family residential unit or lot)to the County to support park and
recreational improvements and facilities;
2. $166.48 per multiple family residential unit or lot($387.11 per single-
family residential unit or lot)to the County to support police facilities;
3. $512.10 per multiple family residential unit or lot($764.59 per single-
family residential unit or lot)to the County to support fire facilities;
4. $228.24 per multiple family residential unit or lot($334.75 per single-
family residential unit or lot)to the County to support solid waste
facilities; and
5. $4,504.25 per multiple family residential unit or lot($7,130.04 per single-
family residential unit or lot)to the County to support road and traffic
improvements.
In lieu of paying the fair share contribution, the Applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
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police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
P. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the Applicant shall comply with the requirements of Chapter 11,
Article 1, Hawai`i County Code, relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval and/or Final Plan
Approval, whichever is applicable.
Q. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
R. The Applicant, its successors and/or assigns shall comply with all applicable
County, State and Federal codes, laws, rules, regulations and requirements for the
proposed development, including, but not limited to, the Department of Public
Works, Department of Transportation, Department of Water Supply and
Department of Health.
S. An initial extension of time for the performance of conditions within the
ordinance may be requested in accordance with Section 25-2-44 of the Hawaii
County Code.
T. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
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FA-2a R5-20
A-5a
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AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-11 (LALAMILO-PUUKAPU ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL- 5 ACRE (A-5a) TO RESIDENTIAL AGRICULTURAL- .5 ACRE (RA-.5a)
AND NEIGHBORHOOD COMMERCIAL- 10,000 SQUARE FEET (CN-10)
AT WAIMEA, SOUTH KOHALA, HAWAIT
MAP PREPARED BY:
TMK:(3)6-4-024:027 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:December7,zozz
Kaupuleh LLG
EXHIBIT"A" Map:
d ap: 1449